101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2373

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8

    Amends the Illinois Vehicle Code. Provides that no agency of the State shall disclose the personal information of a driver with a driver's license issued by the State to another state or an interstate motor vehicle information network for the purpose of imposing or collecting a fine or penalty resulting from an alleged violation committed in another state that was captured by an automated speed enforcement system or automated traffic law enforcement system located in that state. Defines "interstate motor vehicle information network". Effective immediately.


LRB101 08385 TAE 53455 b

 

 

A BILL FOR

 

HB2373LRB101 08385 TAE 53455 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-208.6 and 11-208.8 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:

 

 

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1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and, on
5    at least one image or portion of the recording, clearly
6    identifying the registration plate number of the motor
7    vehicle.
8    (b-5) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through the
13Internet.
14    (c) Except as provided under Section 11-208.8 of this Code,
15a county or municipality, including a home rule county or
16municipality, may not use an automated traffic law enforcement
17system to provide recorded images of a motor vehicle for the
18purpose of recording its speed. Except as provided under
19Section 11-208.8 of this Code, the regulation of the use of
20automated traffic law enforcement systems to record vehicle
21speeds is an exclusive power and function of the State. This
22subsection (c) is a denial and limitation of home rule powers
23and functions under subsection (h) of Section 6 of Article VII
24of the Illinois Constitution.
25    (c-5) A county or municipality, including a home rule
26county or municipality, may not use an automated traffic law

 

 

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1enforcement system to issue violations in instances where the
2motor vehicle comes to a complete stop and does not enter the
3intersection, as defined by Section 1-132 of this Code, during
4the cycle of the red signal indication unless one or more
5pedestrians or bicyclists are present, even if the motor
6vehicle stops at a point past a stop line or crosswalk where a
7driver is required to stop, as specified in subsection (c) of
8Section 11-306 of this Code or a similar provision of a local
9ordinance.
10    (c-6) A county, or a municipality with less than 2,000,000
11inhabitants, including a home rule county or municipality, may
12not use an automated traffic law enforcement system to issue
13violations in instances where a motorcyclist enters an
14intersection against a red signal indication when the red
15signal fails to change to a green signal within a reasonable
16period of time not less than 120 seconds because of a signal
17malfunction or because the signal has failed to detect the
18arrival of the motorcycle due to the motorcycle's size or
19weight.
20    (d) For each violation of a provision of this Code or a
21local ordinance recorded by an automatic traffic law
22enforcement system, the county or municipality having
23jurisdiction shall issue a written notice of the violation to
24the registered owner of the vehicle as the alleged violator.
25The notice shall be delivered to the registered owner of the
26vehicle, by mail, within 30 days after the Secretary of State

 

 

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1notifies the municipality or county of the identity of the
2owner of the vehicle, but in no event later than 90 days after
3the violation.
4    The notice shall include:
5        (1) the name and address of the registered owner of the
6    vehicle;
7        (2) the registration number of the motor vehicle
8    involved in the violation;
9        (3) the violation charged;
10        (4) the location where the violation occurred;
11        (5) the date and time of the violation;
12        (6) a copy of the recorded images;
13        (7) the amount of the civil penalty imposed and the
14    requirements of any traffic education program imposed and
15    the date by which the civil penalty should be paid and the
16    traffic education program should be completed;
17        (8) a statement that recorded images are evidence of a
18    violation of a red light signal;
19        (9) a warning that failure to pay the civil penalty, to
20    complete a required traffic education program, or to
21    contest liability in a timely manner is an admission of
22    liability and may result in a suspension of the driving
23    privileges of the registered owner of the vehicle;
24        (10) a statement that the person may elect to proceed
25    by:
26            (A) paying the fine, completing a required traffic

 

 

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1        education program, or both; or
2            (B) challenging the charge in court, by mail, or by
3        administrative hearing; and
4        (11) a website address, accessible through the
5    Internet, where the person may view the recorded images of
6    the violation.
7    (e) If a person charged with a traffic violation, as a
8result of an automated traffic law enforcement system, does not
9pay the fine or complete a required traffic education program,
10or both, or successfully contest the civil penalty resulting
11from that violation, the Secretary of State shall suspend the
12driving privileges of the registered owner of the vehicle under
13Section 6-306.5 of this Code for failing to complete a required
14traffic education program or to pay any fine or penalty due and
15owing, or both, as a result of a combination of 5 violations of
16the automated traffic law enforcement system or the automated
17speed enforcement system under Section 11-208.8 of this Code.
18    (f) Based on inspection of recorded images produced by an
19automated traffic law enforcement system, a notice alleging
20that the violation occurred shall be evidence of the facts
21contained in the notice and admissible in any proceeding
22alleging a violation under this Section.
23    (g) Recorded images made by an automatic traffic law
24enforcement system are confidential and shall be made available
25only to the alleged violator and governmental and law
26enforcement agencies for purposes of adjudicating a violation

 

 

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1of this Section, for statistical purposes, or for other
2governmental purposes. Any recorded image evidencing a
3violation of this Section, however, may be admissible in any
4proceeding resulting from the issuance of the citation.
5    (h) The court or hearing officer may consider in defense of
6a violation:
7        (1) that the motor vehicle or registration plates of
8    the motor vehicle were stolen before the violation occurred
9    and not under the control of or in the possession of the
10    owner at the time of the violation;
11        (2) that the driver of the vehicle passed through the
12    intersection when the light was red either (i) in order to
13    yield the right-of-way to an emergency vehicle or (ii) as
14    part of a funeral procession; and
15        (3) any other evidence or issues provided by municipal
16    or county ordinance.
17    (i) To demonstrate that the motor vehicle or the
18registration plates were stolen before the violation occurred
19and were not under the control or possession of the owner at
20the time of the violation, the owner must submit proof that a
21report concerning the stolen motor vehicle or registration
22plates was filed with a law enforcement agency in a timely
23manner.
24    (j) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

 

 

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1penalty not exceeding $100 or the completion of a traffic
2education program, or both, plus an additional penalty of not
3more than $100 for failure to pay the original penalty or to
4complete a required traffic education program, or both, in a
5timely manner, if the motor vehicle is recorded by an automated
6traffic law enforcement system. A violation for which a civil
7penalty is imposed under this Section is not a violation of a
8traffic regulation governing the movement of vehicles and may
9not be recorded on the driving record of the owner of the
10vehicle.
11    (j-3) A registered owner who is a holder of a valid
12commercial driver's license is not required to complete a
13traffic education program.
14    (j-5) For purposes of the required traffic education
15program only, a registered owner may submit an affidavit to the
16court or hearing officer swearing that at the time of the
17alleged violation, the vehicle was in the custody and control
18of another person. The affidavit must identify the person in
19custody and control of the vehicle, including the person's name
20and current address. The person in custody and control of the
21vehicle at the time of the violation is required to complete
22the required traffic education program. If the person in
23custody and control of the vehicle at the time of the violation
24completes the required traffic education program, the
25registered owner of the vehicle is not required to complete a
26traffic education program.

 

 

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1    (k) An intersection equipped with an automated traffic law
2enforcement system must be posted with a sign visible to
3approaching traffic indicating that the intersection is being
4monitored by an automated traffic law enforcement system.
5    (k-3) A municipality or county that has one or more
6intersections equipped with an automated traffic law
7enforcement system must provide notice to drivers by posting
8the locations of automated traffic law systems on the
9municipality or county website.
10    (k-5) An intersection equipped with an automated traffic
11law enforcement system must have a yellow change interval that
12conforms with the Illinois Manual on Uniform Traffic Control
13Devices (IMUTCD) published by the Illinois Department of
14Transportation.
15    (k-7) A municipality or county operating an automated
16traffic law enforcement system shall conduct a statistical
17analysis to assess the safety impact of each automated traffic
18law enforcement system at an intersection following
19installation of the system. The statistical analysis shall be
20based upon the best available crash, traffic, and other data,
21and shall cover a period of time before and after installation
22of the system sufficient to provide a statistically valid
23comparison of safety impact. The statistical analysis shall be
24consistent with professional judgment and acceptable industry
25practice. The statistical analysis also shall be consistent
26with the data required for valid comparisons of before and

 

 

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1after conditions and shall be conducted within a reasonable
2period following the installation of the automated traffic law
3enforcement system. The statistical analysis required by this
4subsection (k-7) shall be made available to the public and
5shall be published on the website of the municipality or
6county. If the statistical analysis for the 36 month period
7following installation of the system indicates that there has
8been an increase in the rate of accidents at the approach to
9the intersection monitored by the system, the municipality or
10county shall undertake additional studies to determine the
11cause and severity of the accidents, and may take any action
12that it determines is necessary or appropriate to reduce the
13number or severity of the accidents at that intersection.
14    (l) The compensation paid for an automated traffic law
15enforcement system must be based on the value of the equipment
16or the services provided and may not be based on the number of
17traffic citations issued or the revenue generated by the
18system.
19    (m) This Section applies only to the counties of Cook,
20DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
21to municipalities located within those counties.
22    (n) The fee for participating in a traffic education
23program under this Section shall not exceed $25.
24    A low-income individual required to complete a traffic
25education program under this Section who provides proof of
26eligibility for the federal earned income tax credit under

 

 

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1Section 32 of the Internal Revenue Code or the Illinois earned
2income tax credit under Section 212 of the Illinois Income Tax
3Act shall not be required to pay any fee for participating in a
4required traffic education program.
5    (o) A municipality or county shall make a certified report
6to the Secretary of State pursuant to Section 6-306.5 of this
7Code whenever a registered owner of a vehicle has failed to pay
8any fine or penalty due and owing as a result of a combination
9of 5 offenses for automated traffic law or speed enforcement
10system violations.
11    (p) No person who is the lessor of a motor vehicle pursuant
12to a written lease agreement shall be liable for an automated
13speed or traffic law enforcement system violation involving
14such motor vehicle during the period of the lease; provided
15that upon the request of the appropriate authority received
16within 120 days after the violation occurred, the lessor
17provides within 60 days after such receipt the name and address
18of the lessee. The drivers license number of a lessee may be
19subsequently individually requested by the appropriate
20authority if needed for enforcement of this Section.
21    Upon the provision of information by the lessor pursuant to
22this subsection, the county or municipality may issue the
23violation to the lessee of the vehicle in the same manner as it
24would issue a violation to a registered owner of a vehicle
25pursuant to this Section, and the lessee may be held liable for
26the violation.

 

 

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1    (q) No agency of the State shall disclose the personal
2information of a driver with a driver's license issued by this
3State to another state or an interstate motor vehicle
4information network for the purpose of imposing or collecting a
5fine or penalty resulting from an alleged violation committed
6in another state that was captured by an automated traffic law
7enforcement system located in that state. As used in this
8subsection, "interstate motor vehicle information network"
9means an interstate network used for the exchange of law
10enforcement, criminal justice, and public safety-related
11information.
12(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
13eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
 
14    (625 ILCS 5/11-208.8)
15    Sec. 11-208.8. Automated speed enforcement systems in
16safety zones.
17    (a) As used in this Section:
18    "Automated speed enforcement system" means a photographic
19device, radar device, laser device, or other electrical or
20mechanical device or devices installed or utilized in a safety
21zone and designed to record the speed of a vehicle and obtain a
22clear photograph or other recorded image of the vehicle and the
23vehicle's registration plate while the driver is violating
24Article VI of Chapter 11 of this Code or a similar provision of
25a local ordinance.

 

 

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1    An automated speed enforcement system is a system, located
2in a safety zone which is under the jurisdiction of a
3municipality, that produces a recorded image of a motor
4vehicle's violation of a provision of this Code or a local
5ordinance and is designed to obtain a clear recorded image of
6the vehicle and the vehicle's license plate. The recorded image
7must also display the time, date, and location of the
8violation.
9    "Owner" means the person or entity to whom the vehicle is
10registered.
11    "Recorded image" means images recorded by an automated
12speed enforcement system on:
13        (1) 2 or more photographs;
14        (2) 2 or more microphotographs;
15        (3) 2 or more electronic images; or
16        (4) a video recording showing the motor vehicle and, on
17    at least one image or portion of the recording, clearly
18    identifying the registration plate number of the motor
19    vehicle.
20    "Safety zone" means an area that is within one-eighth of a
21mile from the nearest property line of any public or private
22elementary or secondary school, or from the nearest property
23line of any facility, area, or land owned by a school district
24that is used for educational purposes approved by the Illinois
25State Board of Education, not including school district
26headquarters or administrative buildings. A safety zone also

 

 

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1includes an area that is within one-eighth of a mile from the
2nearest property line of any facility, area, or land owned by a
3park district used for recreational purposes. However, if any
4portion of a roadway is within either one-eighth mile radius,
5the safety zone also shall include the roadway extended to the
6furthest portion of the next furthest intersection. The term
7"safety zone" does not include any portion of the roadway known
8as Lake Shore Drive or any controlled access highway with 8 or
9more lanes of traffic.
10    (a-5) The automated speed enforcement system shall be
11operational and violations shall be recorded only at the
12following times:
13        (i) if the safety zone is based upon the property line
14    of any facility, area, or land owned by a school district,
15    only on school days and no earlier than 6 a.m. and no later
16    than 8:30 p.m. if the school day is during the period of
17    Monday through Thursday, or 9 p.m. if the school day is a
18    Friday; and
19        (ii) if the safety zone is based upon the property line
20    of any facility, area, or land owned by a park district, no
21    earlier than one hour prior to the time that the facility,
22    area, or land is open to the public or other patrons, and
23    no later than one hour after the facility, area, or land is
24    closed to the public or other patrons.
25    (b) A municipality that produces a recorded image of a
26motor vehicle's violation of a provision of this Code or a

 

 

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1local ordinance must make the recorded images of a violation
2accessible to the alleged violator by providing the alleged
3violator with a website address, accessible through the
4Internet.
5    (c) Notwithstanding any penalties for any other violations
6of this Code, the owner of a motor vehicle used in a traffic
7violation recorded by an automated speed enforcement system
8shall be subject to the following penalties:
9        (1) if the recorded speed is no less than 6 miles per
10    hour and no more than 10 miles per hour over the legal
11    speed limit, a civil penalty not exceeding $50, plus an
12    additional penalty of not more than $50 for failure to pay
13    the original penalty in a timely manner; or
14        (2) if the recorded speed is more than 10 miles per
15    hour over the legal speed limit, a civil penalty not
16    exceeding $100, plus an additional penalty of not more than
17    $100 for failure to pay the original penalty in a timely
18    manner.
19    A penalty may not be imposed under this Section if the
20driver of the motor vehicle received a Uniform Traffic Citation
21from a police officer for a speeding violation occurring within
22one-eighth of a mile and 15 minutes of the violation that was
23recorded by the system. A violation for which a civil penalty
24is imposed under this Section is not a violation of a traffic
25regulation governing the movement of vehicles and may not be
26recorded on the driving record of the owner of the vehicle. A

 

 

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1law enforcement officer is not required to be present or to
2witness the violation. No penalty may be imposed under this
3Section if the recorded speed of a vehicle is 5 miles per hour
4or less over the legal speed limit. The municipality may send,
5in the same manner that notices are sent under this Section, a
6speed violation warning notice where the violation involves a
7speed of 5 miles per hour or less above the legal speed limit.
8    (d) The net proceeds that a municipality receives from
9civil penalties imposed under an automated speed enforcement
10system, after deducting all non-personnel and personnel costs
11associated with the operation and maintenance of such system,
12shall be expended or obligated by the municipality for the
13following purposes:
14        (i) public safety initiatives to ensure safe passage
15    around schools, and to provide police protection and
16    surveillance around schools and parks, including but not
17    limited to: (1) personnel costs; and (2) non-personnel
18    costs such as construction and maintenance of public safety
19    infrastructure and equipment;
20        (ii) initiatives to improve pedestrian and traffic
21    safety;
22        (iii) construction and maintenance of infrastructure
23    within the municipality, including but not limited to roads
24    and bridges; and
25        (iv) after school programs.
26    (e) For each violation of a provision of this Code or a

 

 

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1local ordinance recorded by an automated speed enforcement
2system, the municipality having jurisdiction shall issue a
3written notice of the violation to the registered owner of the
4vehicle as the alleged violator. The notice shall be delivered
5to the registered owner of the vehicle, by mail, within 30 days
6after the Secretary of State notifies the municipality of the
7identity of the owner of the vehicle, but in no event later
8than 90 days after the violation.
9    (f) The notice required under subsection (e) of this
10Section shall include:
11        (1) the name and address of the registered owner of the
12    vehicle;
13        (2) the registration number of the motor vehicle
14    involved in the violation;
15        (3) the violation charged;
16        (4) the date, time, and location where the violation
17    occurred;
18        (5) a copy of the recorded image or images;
19        (6) the amount of the civil penalty imposed and the
20    date by which the civil penalty should be paid;
21        (7) a statement that recorded images are evidence of a
22    violation of a speed restriction;
23        (8) a warning that failure to pay the civil penalty or
24    to contest liability in a timely manner is an admission of
25    liability and may result in a suspension of the driving
26    privileges of the registered owner of the vehicle;

 

 

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1        (9) a statement that the person may elect to proceed
2    by:
3            (A) paying the fine; or
4            (B) challenging the charge in court, by mail, or by
5        administrative hearing; and
6        (10) a website address, accessible through the
7    Internet, where the person may view the recorded images of
8    the violation.
9    (g) If a person charged with a traffic violation, as a
10result of an automated speed enforcement system, does not pay
11the fine or successfully contest the civil penalty resulting
12from that violation, the Secretary of State shall suspend the
13driving privileges of the registered owner of the vehicle under
14Section 6-306.5 of this Code for failing to pay any fine or
15penalty due and owing, or both, as a result of a combination of
165 violations of the automated speed enforcement system or the
17automated traffic law under Section 11-208.6 of this Code.
18    (h) Based on inspection of recorded images produced by an
19automated speed enforcement system, a notice alleging that the
20violation occurred shall be evidence of the facts contained in
21the notice and admissible in any proceeding alleging a
22violation under this Section.
23    (i) Recorded images made by an automated speed enforcement
24system are confidential and shall be made available only to the
25alleged violator and governmental and law enforcement agencies
26for purposes of adjudicating a violation of this Section, for

 

 

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1statistical purposes, or for other governmental purposes. Any
2recorded image evidencing a violation of this Section, however,
3may be admissible in any proceeding resulting from the issuance
4of the citation.
5    (j) The court or hearing officer may consider in defense of
6a violation:
7        (1) that the motor vehicle or registration plates of
8    the motor vehicle were stolen before the violation occurred
9    and not under the control or in the possession of the owner
10    at the time of the violation;
11        (2) that the driver of the motor vehicle received a
12    Uniform Traffic Citation from a police officer for a
13    speeding violation occurring within one-eighth of a mile
14    and 15 minutes of the violation that was recorded by the
15    system; and
16        (3) any other evidence or issues provided by municipal
17    ordinance.
18    (k) To demonstrate that the motor vehicle or the
19registration plates were stolen before the violation occurred
20and were not under the control or possession of the owner at
21the time of the violation, the owner must submit proof that a
22report concerning the stolen motor vehicle or registration
23plates was filed with a law enforcement agency in a timely
24manner.
25    (l) A roadway equipped with an automated speed enforcement
26system shall be posted with a sign conforming to the national

 

 

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1Manual on Uniform Traffic Control Devices that is visible to
2approaching traffic stating that vehicle speeds are being
3photo-enforced and indicating the speed limit. The
4municipality shall install such additional signage as it
5determines is necessary to give reasonable notice to drivers as
6to where automated speed enforcement systems are installed.
7    (m) A roadway where a new automated speed enforcement
8system is installed shall be posted with signs providing 30
9days notice of the use of a new automated speed enforcement
10system prior to the issuance of any citations through the
11automated speed enforcement system.
12    (n) The compensation paid for an automated speed
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (o) A municipality shall make a certified report to the
18Secretary of State pursuant to Section 6-306.5 of this Code
19whenever a registered owner of a vehicle has failed to pay any
20fine or penalty due and owing as a result of a combination of 5
21offenses for automated speed or traffic law enforcement system
22violations.
23    (p) No person who is the lessor of a motor vehicle pursuant
24to a written lease agreement shall be liable for an automated
25speed or traffic law enforcement system violation involving
26such motor vehicle during the period of the lease; provided

 

 

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1that upon the request of the appropriate authority received
2within 120 days after the violation occurred, the lessor
3provides within 60 days after such receipt the name and address
4of the lessee. The drivers license number of a lessee may be
5subsequently individually requested by the appropriate
6authority if needed for enforcement of this Section.
7    Upon the provision of information by the lessor pursuant to
8this subsection, the municipality may issue the violation to
9the lessee of the vehicle in the same manner as it would issue
10a violation to a registered owner of a vehicle pursuant to this
11Section, and the lessee may be held liable for the violation.
12    (q) A municipality using an automated speed enforcement
13system must provide notice to drivers by publishing the
14locations of all safety zones where system equipment is
15installed on the website of the municipality.
16    (r) A municipality operating an automated speed
17enforcement system shall conduct a statistical analysis to
18assess the safety impact of the system. The statistical
19analysis shall be based upon the best available crash, traffic,
20and other data, and shall cover a period of time before and
21after installation of the system sufficient to provide a
22statistically valid comparison of safety impact. The
23statistical analysis shall be consistent with professional
24judgment and acceptable industry practice. The statistical
25analysis also shall be consistent with the data required for
26valid comparisons of before and after conditions and shall be

 

 

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1conducted within a reasonable period following the
2installation of the automated traffic law enforcement system.
3The statistical analysis required by this subsection shall be
4made available to the public and shall be published on the
5website of the municipality.
6    (s) This Section applies only to municipalities with a
7population of 1,000,000 or more inhabitants.
8    (t) No agency of the State shall disclose the personal
9information of a driver with a driver's license issued by this
10State to another state or an interstate motor vehicle
11information network for the purpose of imposing or collecting a
12fine or penalty resulting from an alleged violation committed
13in another state that was captured by an automated speed
14enforcement system located in that state. As used in this
15subsection, "interstate motor vehicle information network"
16means an interstate network used for the exchange of law
17enforcement, criminal justice, and public safety-related
18information.
19(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
20eff. 8-16-13.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.